Defending & Preventing Employment Litigation, 2008 Edition Defending & Preventing Employment Litigation, 2010 Edition
by Gerald S. Hartman, Gregory W. Homer


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Developed by two of the leaders in the field, Defending and Preventing Employment Litigation provides expert insight on preventing, preparing for and managing employment litigation in one single volume. Written by Drinker Biddle & Reath LLP partners Gerald S. Hartman, Esq., and Gregory W. Homer, Esq., this manual can help you prevent and - if necessary - prepare for and manage costly and potentially disastrous employee lawsuits.

You'll receive:

  • Authoritative guidance to help you minimize employment lawsuits, manage outside counsel, contain litigation costs, and optimize litigation results
  • Extensive citations to key cases, laws, regulations, guidelines and standards
  • FREE companion CD featuring full text of federal and state legislation and regulations. Also, you'll find a wealth of expert insight on:
  • How to develop internal procedures that can reduce the number of employment disputes and prevent those that do arise from becoming full-blown lawsuits
  • How to determine when it is necessary to retain outside counsel for a specific employment dispute or lawsuit
  • How to optimize results and contain costs by effectively managing your working relationship with outside counsel

Defending and Preventing Employment Litigation can help you better understand and manage every phase of the litigation life-cycle - from the initial employee complaint through the final resolution of the case.

With Defending and Preventing Employment Litigation on your bookshelf, you'll have instant access to vital commentary and citations in the areas that concern you most, including how to defend against harassment, age discrimination and disability discrimination claims; how to avoid charges of retaliation; FMLA compliance; avoiding liability for wrongful discharge and related state law claims; and much more.

The 2010 Edition to Defending and Preventing Employment Litigation brings you up to date on the latest cases, statutes, and developments including:

  • A discussion of the U.S. Supreme Court's decision in Gross v.FBLFin. Servs., Inc, in which the Court held that employees bringing disparate treatment claims under the ADEA must prove that age was the "but-for" cause of the adverse employment action, not just a motivating factor, and that the "mixed motive" instruction is not available to employees in ADEA cases, even if they present direct evidence of discrimination
  • A discussion of the proposed regulations implementing the Americans with Disabilities Act Amendments Act including pointing out areas in which the regulations, if adopted, will result in substantial revisions to the existing regulations and expand the class of individuals who can bring claims under the ADA
  • A discussion of the U.S. Supreme Court's decision in AT&T Corp. v. Hulteen holding that the Pregnancy Discrimination Act (PDA) did not apply retroactively to grant service credit to employees who had taken pregnancy leave under a company policy that existed prior to the passage of the PDA
  • A discussion of the Lilly Ledbetter Fair Pay Act of 2009, codified at 42 U.S.C. [42 U.S.C. § 2000e-5(e)(3)], which expanded the statute of limitations for pay discrimination claims and other practices that impact compensation under Title VII, the ADA, the ADEA, and the Rehabilitation Act
  • Adding the Genetic Information Nondiscrimination Act to the enforcement and remedies table in Chapter 8
  • A discussion of an Opinion Letter issued by the Department of Labor (DOL) in which the DOL reaffirmed its position that an employer may reduce the regular workweek of an exempt employee and make a corresponding reduction in the employee's base salary without losing the exemption, so long as such action is not part of an effort to circumvent the salary basis requirement
  • A discussion of the fluctuating workweek method of calculating overtime pay allowed for in the Fair Labor Standards Act and the U.S. Supreme Court's affirmance of the U.S. Court of Appeals for the Fourth Circuit's decision in Missell v. Overnight Motor Transportation
  • A discussion of the American Recovery and Reinvestment Act of 2009 (ARRA), P.L. 111-5, signed into law on February 17, 2009. The ARRA adopted new whistleblower protections for employees of private employers and state and local governments who disclose waste, fraud, gross mismanagement or a violation of law related to economic stimulus funds authorized under the ARRA
  • A discussion of the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, in which the Court held that a collective bargaining agreement that "clearly and unmistakably" requires employees to arbitrate their ADEA claims is enforceable
  • A discussion of the U.S. Supreme Court's decision in Crawford v. Metro. Government of Nashville & Davidson County, in which the Court held that the opposition clause of the anti-retaliation provision of Title VII extends to an employee who spoke out about sexual harassment, not on her own initiative, but in response to questions during an employer's investigation of a coworker's complaints
  • An updated CD-ROM Appendix to include the Americans with Disabilities Act as amended by the ADA Amendments; the incorporation of the Lilly Ledbetter Act into the appropriate statues; the EEOC's Proposed Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended; the EEOC's Proposed Regulations Under the Genetic Information Nondiscrimination Act of 2008; the EEOC's Proposed Rulemaking regarding Disparate Impact Under the Age Discrimination in Employment Act; and links to the Fair Labor Standards Act, affirmative action guidelines, and the final rules relating to the Vets-100 and Vets-100A

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